educational

Give Me Liberty or Give Me Death

Would any adult industry participant be willing to die for the privilege of continued involvement in the adult industry? Doubtful, but that's exactly the penalty that faces accused Iranian distributors and producers of websites in which pornographic works appear. Although the bill imposing the death penalty must still be approved by Iran's Guardian Counsel, it appears sure to pass since it was overwhelmingly approved, 148 to 5, in Iran's Parliament.

Paying the ultimate price for participating in one's occupation of choice seems somewhat barbarian in our civilized society, but some of those involved in the U.S. adult industry have come close. Reports have surfaced over the years of parents losing custody of their children as a result of their appearing in or producing adult films. Our firm has assisted some of these individuals in educating the court as to the constitutionally protected nature of their commercial erotic activity, but the prejudice remains. Participants in the adult industry continue to be vilified by angry ex-spouses, conservative politicians and power-hungry lawmakers.

We are now entering a new phase of obscenity prosecution where real individuals will pay a hefty price to defend the rights of others to engage in free expression. Karen Fletcher, Ray Guhn, Max Hardcore, JP Distributors and MoviesByMail.com are all facing state or federal obscenity charges as a result of their involvement in some form of commercial erotica. While they do not face the death penalty, any defendant dragged through an obscenity prosecution faces potential personal and financial ruin.

Suddenly, your former "friends" and business acquaintances don't want to have lunch with you because you may be "under surveillance." They express concern about being dragged into court as a witness. Your family starts to wonder whether your protestations of innocence can really be believed. "He must have done something, or they wouldn't be prosecuting him," goes the popular refrain.

Your income stream is usually halted, whether from a decision to avoid further involvement in the adult industry out of legal concern, or as a result of governmental seizure and forfeiture orders. It becomes hard to pay your employees when your payroll account is frozen — same goes for your defense counsel. The government knows that the best way to win these cases is to make sure that the defendants are forced to turn to the public defender, instead of a competent 1st Amendment attorney.

Sometimes that can be accomplished by impoverishing the defendant prior to a finding of guilt. Sometimes that little ploy backfires, and certain lawyers will put aside their financial needs for a time and take on those cases for a reduced fee, or even pro bono. Other times, the government simply picks defendants who do not have sufficient funds to afford high-end legal counsel. Case in point: Karen Fletcher and Max Hardcore. Fortunately, however, attorneys have stepped forward to represent both those individuals despite the apparent lack of substantial defense funds.

One must wonder in this age of uncertainty how many potential defendants would choose to stand and fight if selected for an obscenity prosecution. This undoubtedly would be an excruciatingly difficult decision given the personal risks to liberty and finances in the event of a negative outcome. The adult industry has been blessed with a number of freedom fighters who have chosen the path of most resistance over the years, in order to make law for the rest of the industry to enjoy at their leisure.

Legends like Larry Flynt, Phil Harvey, Joe Redner, Al Goldstein and others give hope to an industry in the crosshairs of the government. Some targets will certainly plead guilty to avoid a fight, and even give up information on friends and associates to reduce personal penalty. Perhaps that is human nature. But as obscenity prosecutions are on the increase, each and every businessman and woman in the industry needs to reflect on what he or she will do if caught in the crossfire.

The time will come in the not too distant future where the industry will desperately need its next freedom fighter. The courts have yet to rule on some of the key legal issues affecting modern freedom of speech — particularly in the online space. While it is often tempting to avoid conflict with those who can do you harm, a time for valor is upon us, and anyone reading this article may be put in a position of establishing constitutional precedent for decades to come. This is not an industry for the faint of heart or those looking to make a quick buck with no risk. The risks were evident from the start.

Some of our world's citizens create adult videos under the threat of death. While defendants in this country do not face death (yet) if convicted, the same cannot be said for cherished constitutional rights, which hang by a thread, pending the outcome of current obscenity prosecutions. Who will be next to demand liberty and freedom at all costs?

Lawrence G. Walters, Esquire, is a partner with the law firm of Weston, Garrou, DeWitt & Walters, with offices in Orlando, Los Angeles and San Diego. Walters represents clients involved in all aspects of the adult industry. All statements made in the above article are matters of opinion only, and should not be considered legal advice. Please consult your own attorney on specific legal matters. You can reach Lawrence Walters at Larry@LawrenceWalters.com.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

Why the Right Merchant Category Code Matters for NSFW AI Businesses

You explained exactly what your NSFW AI business does to your payment processor and they seemed to get it. The underwriting process felt thorough and exhausting, but it was well worth it because you began processing.

Jonathan Corona ·
trends

How Local Payments Can Expand Access and Reduce Friction at Checkout

Global adult platforms often enter new markets with a familiar assumption: If their checkout accepts major cards, they're ready for local customers. In reality, payment habits vary widely by country. Dutch consumers use iDEAL for online shopping, BLIK is a leading e-commerce payment method in Poland, and India's UPI handles billions of transactions each month.

Mitch Platt ·
opinion

How Detailed Receipts Build Consumer Trust and Reduce Chargeback

When was the last time you bought something online? Chances are you looked for the confirmation almost immediately. Did the transaction go through? Does it show what you bought? Were you charged correctly? And if there's a problem, who can you contact?

Cathy Beardsley ·
opinion

What Adult Platforms Should Know About the EU AI Act

The European Union's Artificial Intelligence Act is now largely in force, creating new obligations for adult platforms using AI for content creation, performer verification, age estimation, moderation and other functions.

Corey Silverstein ·
opinion

How Native Spanish Speakers Help Pleasure Brands Expand Across Latin America

Latin America's Spanish-speaking markets represent an exciting growth opportunity for the pleasure products industry. Across the region, conversations about sexual wellness are becoming more open, specialty retailers are expanding their assortments and shoppers are seeking products that reflect their lifestyles and values.

Rin Musick ·
opinion

Why Retail Expertise Is Essential When AI Tools Analyze Store Data

Somewhere in one of our stores, someone scanned a barcode into a quantity field. The number entered was 8,388,607. At $19.99 per unit, that made a single line item worth roughly $167 million. The number was so large that the import failed immediately.

Zondre Watson ·
profile

Vendo CEO Mitch Platt Reflects on 20 Years of Lessons and Evolution

More than 20 years ago, three entrepreneurs in Barcelona began gathering over beers to pitch, dissect and routinely destroy one another's business ideas. The ritual was simple: One person arrived with a concept, while the other two tried to expose every weakness. Any proposal that survived earned another look. Most did not.

Jackie Backman ·
opinion

How to Avoid the Hidden Risks of AI-Generated Legal Documents

Artificial intelligence can write a contract in seconds, but that does not mean it can write the contract your business actually needs. Across the adult industry, operators, creators and producers are increasingly using generative AI to prepare model releases, performer agreements, privacy policies, takedown notices, employment documents and responses to regulators. The appeal is obvious: Legal work is expensive, AI is fast and the resulting document often looks impressively professional. That polished appearance is exactly what makes the practice dangerous.

Corey Silverstein ·
opinion

How Rolling Reserves Affect Cash Flow and Merchant Stability

You log in to your payment processor’s dashboard, discover they are withholding 10% of your sales, and immediately assume something has gone wrong. In reality, everything is working exactly as intended.

Jonathan Corona ·
opinion

What Federal Age Verification Could Mean for Adult Websites

Our industry has grappled with a patchwork of confusing and burdensome state age verification laws for the past couple of years. But that landscape could change quickly after the House passed the Kids Internet and Digital Safety (KIDS) Act (H.R. 7757) by a vote of 267-117, marking a significant federal step into this space.

Lawrence G. Walters ·
Show More